The ATEX Directive is a European single market directive that applies to electrical and mechanical equipment and protective systems intended for use in potentially explosive atmospheres.

The directive replaces 2 previous directives on electrical equipment for use in potentially explosive atmospheres (76/117/EC and 82/130/EC), which came into force on 1 March 1996.

ATEX Directive: what it applies to

The directive applies to both electrical and mechanical equipment and protective systems intended for use in potentially explosive atmospheres. These include:

equipment and protective systems for use within potentially explosive atmospheres

devices for use outside potentially explosive atmospheres, but which are required for, or contribute to the safe functioning of equipment and protective systems located inside such atmospheres

components relating to the above

The potential for explosive atmospheres can exist in a range of mainly industrial locations such as mines, factories, agricultural silos, and oil and gas platforms, water and other chemical processing environments. There is a wide range of products intended for use in such areas, including control equipment and sensors, transformers, fans, pumps, compressors, fork lift trucks, and lighting.

Legislation of ATEX products

Legislation enables the free trading of ATEX products within the European, Economic Area (EEA) by removing the need for separate documentation and testing for each individual European market. Manufacturers may use a single CE mark on their products to show compliance with this (and any other relevant) directive.

The directive has been implemented in Great Britain by the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (SI 1996 No.192) which came into force on 1 March 1996. The regulations were amended by SI 2001 No.3766 which came into force on 21 December 2001. The amendment principally covers the concept of ‘putting into service’.

The directive was implemented separately in Northern Ireland on 29 July 1996 (SR 1996/247).

Related regulations

The ATEX 137 Workplace Directive 1999/92/EC, (also known as the ‘Use’ directive) is implemented by the Health and Safety Executive (HSE) as the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) (SI 2002/2776) in the UK.

Enforcement

The Health and Safety Executive has the responsibility for the enforcement of both sets of UK regulations.

Notified bodies

Notified bodies are independent organisations accredited and appointed by EU or EEA member state governments. They help manufacturers, and others, with compliance assessments and to understand their responsibilities where third party assessments are required under EU legislation.

Guidance and further information

Contact

We can only offer advice on policy interpretation. If you require complex technical advice, contact one of the ATEX notified bodies (experienced companies who carry out conformity assessment procedures).

Consumer safety

We are responsible for:

policy matters relating to domestic gas and electrical safety

a range of legislation which controls the safety of domestic gas and electric appliances

We advise ministers on the need for changes to existing safety legislation or new measures, including proposals for new or amended EU directives, have responsibility for the negotiation, post-implementation policy and administration of the Low Voltage Directive and the Gas Appliances Directive, together with their associated regulations.

Current legislation controlling the safety of domestic gas and electrical equipment - the following legislation exists to control the safety of domestic gas and electrical appliances.

Enforcement of safety legislation

Trading standards officers are responsible for the day to day enforcement of consumer safety legislation. They have the power to remove unsafe product from the market and to bring prosecutions. Supplying an unsafe product can result in a fine of up to £5,000 and/or a term of imprisonment of up to 6 months.

Coverage

Broadly the regulations apply to most consumer, commercial and industrial electrical equipment designed for use within the voltage ranges 50 V ac to 1000 V ac and 75 V dc to 1500 V dc.

Intention of legislation

To remove technical barriers to trade and establish a European Union single market and provide a high level of protection for consumers.

Products covered by this legislation are required to carry the CE marking. The regulations cover products when first placed on the market.

Enforcement

The regulations are enforced by the local authority Trading Standards departments in respect of electrical equipment intended for the consumer, and by the Health and Safety Executive in respect for equipment intended for the workplace.

New approach directives and the free movement of goods in the European Community

The free movement of goods lies at the heart of achieving an open market for business in Europe. In May 1985, European Community ministers agreed on a ‘New approach to technical harmonisation and standards’ to fulfil this objective.

New approach directives (that is Community law) set out the essential requirements (on safety for example), written in general terms which must be met before products may be sold in the UK or anywhere else in the European Community. European harmonised standards provide the detailed technical information enabling manufacturers to meet the essential requirements. The directives also explain how manufacturers are able to demonstrate conformity with the essential requirements. Products which meet the essential requirements are to display the CE marking, as described in the particular directive, which means that the products can be sold anywhere in the Community/EEA.

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Electromagnetic compatibility

The Electromagnetic Compatibility Directive 2004/108/EC, which is implemented into UK law by the Electromagnetic Compatibility Regulations 2006. The directive applies to most electrical and electronic apparatus, that is, finished products and systems that include electrical and electronic equipment.

Its intention is to remove barriers to trade within the EEA whilst ensuring that the electromagnetic disturbance generated by apparatus does not exceed a level allowing radio and telecommunications equipment and other apparatus to operate as intended, and that apparatus has an adequate level of intrinsic immunity to electromagnetic disturbance to enable it to operate as intended.

The EMC Directive 2004/108/EC was adopted on 15 December 2004 and published in the Official Journal on 6 January 2005. It replaces and repeals Directive 89/336/EC.

Directive 2004/108/EC was transposed into UK Law by the EMC Regulations 2006 (SI 2006/3418), which came into force on 20 July 2007. These regulations replaced and repealed the Electromagnetic Compatibility Regulations 2005.

The regulations require that all electrical and electronic apparatus marketed in the UK, including imports, satisfy the requirements of the EMC Directive. The regulations implement a separate regime for fixed installations.

Intention of legislation

To remove barriers to trade and ensure open means of access by member states to Community markets.

Latest developments

We have published guidance on specific issues of interpretation in the EMC Regulations 2006 to assist manufacturers and suppliers of electronic and electrical equipment to understand the effect of the regulations.

Coverage

The regulations apply to domestic and commercial gas appliances used for cooking, heating, hot water production, refrigeration, lighting or washing and having where applicable, a normal water temperature not exceeding 105 degrees Celsius and includes forced draught burners and heating bodies to be equipped with such burners. Most appliances for use in industrial processes on industrial premises are excluded. The regulations also apply to certain components.

Intention of legislation

To remove technical barriers to trade, to establish a European Union single market in safe gas appliances and provide a high level of protection for consumers.

Products covered by this legislation are required to carry the CE Marking. Use of notified bodies is also required. See below for details.

The regulations cover products when first placed on the market.

Enforcement

The regulations are enforced by the local authority trading standards departments in respect of gas appliances intended for use by the consumer, and by the Health and Safety Executive in respect of appliances intended for the workplace.

Further information

Within the UK there are strict controls on installations and maintenance of gas appliances, HSE have responsibility for this legislation.

The Health and Safety Executive advises that all gas appliances and/or flues should be regularly maintained and a safety check carried out annually or at any other time if there is a safety doubt. This work must be carried out by a Gas Safe registered installer.

Further information on gas safety installation and maintenance issues can be found on the HSE website.

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Household Appliances (Noise Emission) Regulations

The Household Appliances (Noise Emission) Regulations 1990 (SI 1990/161) as amended implements into UK law the provisions of Council Directive 86/594/EEC.

Overview

The Household Appliances (Noise Emission) Regulations1990 as amended implements into UK law the provisions of Council Directive 86/594/EEC.

The regulations apply to household appliances supplied by way of sale, lease, hire or hire-purchase consisting of any machine, part of a machine or installation manufactured principally for use in dwellings, including cellars, garages and other outbuildings.

Am I affected?

Application of the regulations by manufacturers is voluntary, and they are therefore not legally required to provide information on the airborne noise emitted by a product in the UK. However, if a manufacturer wishes to refer to the level of airborne noise emitted by an appliance in its marketing, then it must apply the provisions of the regulations.

Although application of the UK regulations is voluntary, manufacturers should be aware other member states may require mandatory application of the requirements in their national legislation.

Consumer information

The directive provides the procedures to ensure that information available to customers wishing to select less noisy appliances is accurate, pertinent and comparable.

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Lifts Directive

The Directive applies to lifts whose speed is greater than 0.15m/s which permanently serve buildings and constructions, and specified safety components.

Intention of legislation

To assist industry by harmonising the laws of member states regarding the safe design, manufacture, installation and placing on the market of lifts and the supply of safety components, while ensuring high levels of protection for health and safety.

It defines the wide choice of procedures by which compliance with the provisions of the directive must be demonstrated.

Coverage

Lifts for the purposes of the Directive are defined as appliances whose speed is 0.15m/s or greater serving specific levels, having a car moving along guides which are rigid and inclined at an angle of more the 15 degrees to the horizontal and intended for the transport of persons, persons and goods, or goods alone but which persons could enter without difficulty and which have controls which are reachable by persons inside.

It also covers 6 categories of safety components listed in Annex IV of the Directive.

Specific kinds of lifts and lifting equipment are excluded from the Directive’s application in Article 1(3).

Current position

The Lifts Regulations (SI 1997/831) originally came into force in 1999 and were amended by the UK Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597) which came into force on 29 December 2009.

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Machinery Directive

This directive, 2006/42/EC, replaces Directive 98/37/EC with effect from 29 December 2009.

It places requirements on manufacturers to ensure their products, when supplied, are safe. Its scope covers industrial machines to domestic appliances. Where the provision of other EC directives apply eg. the Low Voltage Directive, these must be taken into account in order to achieve full compliance with the directive.

Intention of legislation

To assist industry by reducing barriers to trade within the Single Market by ensuring a common policy of safety and supply of machinery across the European Economic Area (EEA).

Coverage

Essentially most machines which are either complete or partly completed and which have at least one moving part, assemblies such as those in bottling or car assembly plants, interchangeable equipment which can modify the function of a machine, and safety components.

There is a strong emphasis on safety and some products which are perceived to have a higher than normal safety risk to the operator require third party testing carried out by an appointed Notified Body which will have been assessed for its technical competence to carry out this work. Such items are identified in Annex IV of the directive.

Current position

You should be aware that the European Commission published a decision dated 19 January 2012 requiring member states to prohibit the placing on the market of flail-type cutting attachments for portable hand-held brush cutters. This does not require an amendment to the Supply of Machinery Regulations 2009 and can be dealt with under existing legislation in the UK. The Health & Safety Executive is the enforcement agency for this type of equipment and they have issued a safety notice on their website requiring suppliers to stop supplying the flail cutters. A copy of the Commission decision can be sent by email on request.

Machinery in the supply chain prior to 29 December 2009 is subject to the requirements of Directive 98/37/EC.

Guidance

A comprehensive body of guidance on the directive has been published by the European Commission. This guidance will only be internet based so as to facilitate quick and easy updating, be subject to regular review; and be available in a limited number of European languages.

Contacts

Noise Emission in the Environment by Equipment for use Outdoors Regulations

The scope of the Outdoor Noise Directive comprises a wide range of construction plant and equipment, equipment for gardens, for lifting, pumps, drills, saws, etc.

Overview

The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 (SI 2001 No1701) as amended by SI 2001 No 3958 and SI 2005 No 3525 implements into UK law the provisions of Council Directive 2000/14/ EC.

It lays down the conditions governing the monitoring and control of noise of equipment for use outdoors so as to reduce noise nuisance and to remove technical barriers to trade arising out of member states’ different noise requirements.

The Noise Emission Regulations cover 57 types of equipment of which 22 have to meet noise limits. The scope of the Regulations is wide and includes construction, horticultural and agricultural equipment. Noise test methods are in keeping with the harmonised standards wherever possible, with a choice of conformity assessment procedures.

Am I affected?

The manufacturer has an obligation to ensure the product is designed, manufactured and conformity assessed to the sound power level. With the declaration of conformity having been issued of equipment placed on the Community market. The manufacturer is required to measure the sound power level and ensure labels are affixed in a visible, legible and indelible form to each item showing the guaranteed sound power level.

A copy of the EC declaration of conformity must be sent by the responsible person to the European Commission, as well as to the member state where the equipment is first placed on the market. In the United Kingdom the Vehicle Certification Agency manages the database on behalf of the Department for Business.

A list of notified bodies approved by the UK for the purpose of the regulation who can offer advice can be found on the NANDO database.

Enforcement of the regulations is carried out by the Vehicle Certification Agency.

Consumer information

The CE marking symbolises the conformity of the product imposed on the manufacturer and shall be accompanied by the indication of the guaranteed sound power level. When affixed to a product does indicate the product conforms to all applicable provisions and appropriate conformity assessment procedures. Any other marking may be affixed to the equipment provided that the visibility and legibility of the CE marking and the indication of the guaranteed sound power level is not thereby reduced.

Latest developments

The European Commission is expected to make a formal proposal to amend the Council Directive 2000/14/EEC during 2011/12 taking into account the requirements of the New Legislative Framework. No exact timetable is available at present but member states will be informed accordingly.

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Personal Protective Equipment Regulations

The Personal Protective Equipment Regulations 2002 (SI 2002 No 1144) implements into UK law the provisions of the Council Directive 89/686/EEC. It lays down the conditions governing Personal Protective Equipment (PPE ) placed on the market. The free movement within the Community and the basic safety requirements which PPE must satisfy in order to ensure the health, safety and protection of the user.

Overview

For the purposes of the PPE Directive 89/686/EEC. PPE means any device or appliance designed for use in domestic, leisure and sports activities or for professional use. To be worn or held by an individual for protection against one or more health and safety hazards in the execution of a specific activity. The scope of the PPE Directive is wide and includes such items for protection such as clothing, footwear and headgear against adverse atmospheric conditions. Damp, water and heat. PPE also includes respiratory protective equipment and equipment intended for the rescue or protection of persons in falls from heights.

The Directive provides for 3 categories of PPE simple design, complex design, and PPE that is neither simple or complex, known and intermediate. Often referred to as Category 1, 2 and 3.

Am I affected?

The manufacturer or person placing the PPE on the Community market has an obligation to ensure the product is designed, manufactured and conformity assessed to the essential requirements of the PPE Directive. Products claiming to have a higher level of protection covered by categories 2 and 3 would require the manufacturer or his authorised representative to have submitted the product to a Notified Body for type examination as part of the conformity assessment process.

Although a manufacturer may not claim protective qualities for the product but by its very nature the product could be perceived by the consumer to offer protection the product should legally meet the requirements of the PPE Directive.

A list of Notified/Approved Bodies approved by the UK and other member states who can offer advice can be found on the NANDO database.

Consumer Information

The CE marking symbolises the conformity of the product imposed on the manufacturer. When affixed to a product does indicate the product conforms to all applicable provisions and appropriate conformity assessment procedures.

Trading Standards are responsible for enforcing consumer related legislation under the PPE Directive working with government and stakeholders. The objective of monitoring products placed on the market is to verify that they comply with the applicable directive. The EC declaration of conformity and technical documentation relating to the a product must be made available by the person placing the product on the Community market to the market surveillance authority immediately on request.

BEIS is responsible for policy advice on the PPE Regulations. However, Trading Standards should be the first point of contact for any concerns.

Latest developments

The European Commission is expected to make a formal proposal to amend the PPE Directive during 2011/12 taking into account the requirements of the New Legislative Framework. No exact timetable is available at present, but member states will be informed accordingly and be required to carry out a public consultation. Comments made by the wide range of stakeholders on the proposals will be raised by the UK with the European Commission as part of the process.

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Plugs and Sockets etc. (Safety) Regulations 1994 (S.I. 1994/1768)

The regulations apply to electrical plugs, sockets and adaptors ordinarily intended for domestic use at a voltage of not less than 200 volts and to fuse links suitable for use with such plugs and adaptors for use in the UK.. They also require that most domestic electrical products must be supplied correctly fitted with a fused and approved UK three-pin plug (BS 1363) or approved ‘conversion plug’, ie. a device which may be engaged with a socket conforming to BS 1363 and which is designed to enable a non-UK plug to be engaged with such a socket.

Coverage

The legislation relates specifically to domestic appliances.

Intention of legislation

Most electrical equipment intended for use in and around the home will need to comply with the Electrical Equipment (Safety) Regulations 1994. Additionally the Regulations require that the majority of such equipment, when placed on the UK market, must be fitted with a plug that has been approved by a notified body and either conforms to BS 1363 or offers an equivalent level of safety.

As an alternative to fitting a BS 1363 plug, it is permissible, to fit a ‘conversion plug’ The ‘conversion plug’ must be approved by a notified body and meet various conditions set out in the Regulations. An ‘adaptor’ is not a conversion plug.

Certain electrical appliances are excluded from the Regulations: Please see Part II Regulation 11 and Schedule 3 of the Regulations.

Implementing legislation

The regulations are a national regulation and apply only to the UK market.

For information on similar regulations relating to the various member states of the European Union contact European Market Access Unit, Department for Business, Energy and Industrial Strategy, telephone: 020 7215 2833.

The regulations are enforced by the local authority Trading Standards department. No specific written guidance is available. Suppliers seeking advice should contact their local authorities’ Trading Standards department.

Notified bodies

Notified bodies are responsible for the approval of standard plugs and ‘conversion plugs’. As to which bodies are notified bodies and route to appointment see definition of notified bodies in regulation 3 (1) ‘Interpretation’ and regulation 7 of the Plugs and Sockets etc. (Safety) Regulations 1994.

Contacts

Pressure Equipment Directive 97/23/EC

The Pressure Equipment Directive is a European single market directive that covers pressure equipment and assemblies with a maximum allowable pressure PS greater than 0.5 bar. It came into force on 29 November 1999.

Intention of legislation

To enable the free trading of products within the EEA by removing the need for separate documentation and testing for each individual European market. Manufacturers may use a single CE mark on their products to show compliance with this (and any other relevant) directive.

The directive does not deal with in-use requirements which may be necessary to ensure the continued safe use of pressure equipment.

Coverage

The directive covers a wide range of equipment such as, reaction vessels, pressurised storage containers, heat exchangers, shell and water tube boilers, industrial pipework, safety devices and pressure accessories. Such equipment is widely used in the chemical, petrochemical, biochemical, food processing, refrigeration and energy industries and for power generation.

Implementing legislation

The directive has been implemented in the UK by the Pressure Equipment Regulations 1999 (SI 1999/2001) which came into force on 29 November 1999. The regulations were amended by SI 2002 No.1267 which came into force on 30 May 2002.

Enforcement

The Health and Safety Executive (HSE) has responsibility for the enforcement of the UK regulations.

Related regulations

The Pressure Systems Safety Regulations will cover in-use requirements and other aspects not covered by the Pressure Equipment Regulations and the Health and Safety Executive should be contacted for further information.

Contact

We can only offer advice on policy interpretation. If you require complex technical advice, contact one of the conformity assessment bodies.

Radio and telecommunications terminal equipment

The directive applies to radio equipment and telecommunications terminal equipment. Its purpose is to ensure that all apparatus provides an adequate level of protection in respect of health and safety, electromagnetic compatibility and, in the case of radio equipment, harmful interference.

Most radio equipment (RE) and telecommunications terminal equipment (TTE) made or sold in the UK, including imports must:

be so constructed that they protect users and other people from health and safety hazards, exhibits an adequate level of electromagnetic compatibility and, in the case of radio equipment, does not cause harmful interference

in the case of certain radio equipment, be subject to an opinion by a notified body

in a small number of cases, usually concerning access to emergency services, implement certain features determined by the European Commission

carry CE marking

Technical documentation showing how the equipment complies with the requirements must be drawn up and kept available, generally by the manufacturer or importer of a product from a non-European Economic Area country.

The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (SI 2000 No.730), published on 13 March 2000, implement into UK Law Directive 1999/5/EC.

The Radio Equipment and Telecommunications Terminal Equipment Regulations have been amended twice by:

the Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (SI 2003 No.1903) published on 21 July 2003

the Radio Equipment and Telecommunications Terminal Equipment (Amendment No 2) Regulations 2003 (SI 2003 No.3144) published on 5 December 2003

All radio equipment and telecommunications terminal equipment is within the scope, with certain exceptions identified in the directive. Some apparatus, for example a mobile telephone, is both RE and TTE.

It should be noted that the directive does not replace national requirements in member states for transmitters to comply with national radio interface specifications and to be licensed.

Latest developments

The Commission are reviewing the RTTE Directive, and recently presented to member states and industry stakeholders some of their ideas for a new RTTE Directive. Their roadmap foresees the Commission publishing the draft text of a new directive by the end of 2010. BEIS will be consulting its stakeholders on the Commission proposals as they develop.

Contacts

Recreational Craft Directives 94/25/EC and 2003/44/EC

The Recreational Craft Regulations 2004 (SI 2004/1464) implement into UK law the Recreational Craft Directives (94/25/EC and 2003/44/EC). They apply to recreational craft and are intended to promote the free movement of goods and safety, as well as noise and exhaust emissions of some engines.

Overview

The Recreational Craft Directive (RCD) applies to recreational craft (such as personal watercraft, narrow boats and luxury motor yachts) measuring between 2.5 and 24 metres hull length, regardless of the means of propulsion, and intended for sport and leisure purposes. This includes: partly completed recreational craft and specific components such as engine ignition systems, steering systems, fuel systems etc. as referred to in Annex II of the RCD. A consolidated version of the Recreational Craft Directive is available from the European website.

Am I affected?

If you manufacture or otherwise place on the EU market craft or components coming within the scope of the RCD you will need to comply with the essential requirements. You will need to provide evidence that your product has been through the appropriate conformity assessment process. This will usually require the involvement of a notified body, but in some cases can be done by self certification. notified bodies are appointed by the UK and other member states, under the RCD to perform certain tasks to assist manufacturers to demonstrate compliance with the RCD. A list of notified bodies appointed by EU member states can be found on the NANDO database. The product will need to carry CE marking and the manufacturer will need to issue a Declaration of Conformity (DoC).

There are a number of exclusions from the directive including canoes, kayaks, surfboards, craft specifically designed to be crewed and to carry passengers for commercial purposes, hydrofoils etc. It is for the manufacturer to decide whether his product is covered by the exclusions.

Advice to consumers

Any recreational craft placed on the market in the EU must meet the essential requirements of the RCD including a number relating to safety. It is important that consumers are able to purchase or hire products that they can be confident are as safe as they can be. Should you become aware or suspect that products placed on the market, do not provide this confidence, you should report your concerns to your local authority trading standards office.

Trading Standards are the enforcement authority for the RCD and can look into your complaint and take action if appropriate. You are of course free to raise any concerns you have with us in BEIS while we will be able to assist in the understanding of the requirements of the directive and will be able to discuss policy issues, you should be aware that, where the relevant enforcement authority is trading standards, we will be unable to do other than refer you to them.

Information on your rights as a consumer and how to make a complaint can be found in our Consumer rights page.

Latest developments

The European Commission published a proposal for revision of the RCD. As with a number of other product directives the RCD is being revised to take account of the requirements of the new legislation framework. It has also been opened up for a full review of scope, essential requirements and administrative procedures. A copy of the proposal and accompanying documents can be found at Recreational craft.

The proposal will be presented for a first reading at the European Parliament, and also to the Council of Ministers. There is no indication yet as to when this will happen. This will be the start of a negotiation phase that will last for around 18 months to 2 years. Once it has been adopted the proposal will require putting into UK Law. BEIS will consult on the proposal to a wide range of stakeholders, in order to ensure that as many people as possible have a chance to have their say on the proposals. We will then look at the responses we receive and consider which comments or suggestions we can take forward in the UK negotiation line. We shall also meet with stakeholders where appropriate as issues arise and if necessary hold meetings or workshops where this might be helpful.

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Simple Pressure Vessels Directive 87/404/EC

The Simple Pressure Vessels Directive is a European single market directive that covers certain vessels which are intended to contain air or nitrogen.

The Directive covers simple pressure vessels which are intended to contain air or nitrogen at a gauge pressure greater than 0.5 bar but less than or equal to 30 bar and not intended to be exposed to flame. They are manufactured in series and are of welded steel or aluminum construction.

Intention of legislation

To enable the free trading of products within the EEA by removing the need for separate documentation and testing for each individual European market. Manufacturers may use a single CE mark on their products to show compliance with this (and any other relevant) directive.

Implementing legislation

The directive has been implemented in the UK by the Simple Pressure Vessels (Safety) Regulations 1991 (SI 1991/2749) as amended (SI 1994/3098). The regulations came into force on 31 December 1991.

Construction products

Non-automatic weighing instruments

Non-automatic weighing instruments are defined as measuring instruments which determine the mass of a body or other mass related magnitudes, quantities, parameters or characteristics by using the action of gravity, and which require the intervention of an operator, and the Measuring Instruments Directive, which covers a number of measuring instrument types, including gas and electricity meters, petrol pumps and automatic weighing instruments